My wife avoid me and my parents .. she complaint dowry case .. police compromise both. But csr status shows action dropped .. i filed RTI sp reply for not filed . Now my mon suffered Cancer. My wife fight with us and go police station complaint again she go to her parents house and 8 months son. My wife is not working Now 1. If I move divorce ... How to reduce maintenance... 2 . Police can do action , action dropped csr? 3.one time alimony how much amount court declared.. 4. Kindly give legel opinion for reduce the maintenance
1. See if your wife is qualified and earning you may contest on that ground, in case she is qualified and not working you may contest that she is not working intentionally.
2. See may move complaint against before the police.
3. The alimony is decided by court seeing income of parties and other factors.
You need to object it on grounds of she being not staying with you. And if she is earning or capable of earning then she can't claim maintenance
All depends on the drafting and pleadings the court will decide and will come to conclusion as to how much the quantam of amounts as maintenance or permanent alimony.
Is your wife working ?
what is your income ?
maintenance depends upon your income , wife income , standard of living , number of dependents etc
- As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Further , if she files a violence case , then your mother being a woman can also file a complaint under the provision of Domestic violence against her daughter in law .
1. If she is not interested to continue with you , then take her consent for mutual divorce.
- If your wife is not working then she can claim maintenance from you legally , and on the ground of treatment of your mother , you can reduce the maintenance amount .
2. If already dropped then police cannot take action , if there is not FIR lodged.
3. As per Supreme court , maintenance can be fixed of 1/4 income of the husband , but alimony amount not fixed and depend upon discretion of the court.
1) If you move for divorce then as per your current month net income 25% approximately court can grant alimony to your wife.
2) Now Police can't action against you unless court issue warrant against you except 498a and DV case.
3) One time alimony remaining of your 60 years to cross multiple by 25% of net Income X 12 X Balance years to catch 60 years.
4) To apply for RCR and not for divorce and show less per month income.
1. Your liability to maintain your wife doesn't exceed more than 25%. This us calculated after deduction of your expenses.
2. If FIR is registered you can apply for anticipatory bail.
3 Court direct's monthly maintenance only.
4. There is no way unless you hide your actual income.
A Hindu woman's right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property. It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties.
The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.
A wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. A well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband.
The maintenance amount is calculated by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income. If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance.
There is no difference between permanent alimony and permanent maintenance.
Grounds for award of maintenance
Only upon proving that at least one of the grounds mentioned under the Act, exists in the favor of the wife, maintenance is granted. These grounds are as follows:
Even if one of these grounds exists in favour of the wife, she will not be entitled to relief if she has indulged in adulterous relationship or has converted herself into any other religion thereby ceasing to be a Hindu. It is also important to note here that in order to be entitled for the relief, the marriage must be a valid marriage. In other words, if the marriage is illegal then the matrimonial relationship between the husband and wife is non-existent and therefore no right of maintenance accrues to wife. However, thanks to judicial activism, in particular cases the presumption of marriage is given more weightage and the bars to maintenance are removed.
She has left you intentionally without any reasons. She is not entitled to maintenance. File a rcr application against her. If she doesn't come then she is not entitled to maintenance.
File a divorce petition on grounds of cruelty and desertion.
“amount of MAINTENANCE/ALIMONY depends on various factors such as earning capacity, educational status, Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses on marriage etc, therefore, without going through deeply with facts its really unfair to tell an amount. a detailed personal discussion will enable me to answer this promptly"
your responsibilities towards loan, medical aid, parents, may reduce the burden of the maintenance,
No worries about the maintenance, alimony and divorce proceedings.
You issue a legal notice to her by Advocate to claim your rights of Restitution of Conjugal Right under Hindu Marriage Act. You further claim divorce on the ground of willful desertion under Hindu Marriage Act 1955.
If your wife is living in adultry then you are not supposed to pay her single penny as maintenance but you have to have concrete proof of adultry to submit before the court for claiming No maintenance and No alimony to wife.
1. Are you worried about divorce or maintenance now.
For maintenance she has to file a separate petition along with documents to prove your income.
The court will decide after hearing both the sides.
2. Once the police have closed the case, there's no reason to reopen it.
3. It depends on the agreement between you both.
4. You first allow her to file a maintenance case or application based on the documents she may produce before court.
You can deny her claim by producing your own documents.
It's a matter of trial.
Dear sir,
Police can take action based on new complaint. The earlier compromise will not bar new proceedings. However, the police in such cases usually do not arrest automatically. If there is an FIR you can seek anticipatory bail from the Sessions Court.
Your queries related to maintenance and alimony need a detailed discussion regarding the financial status of you and your wife and the families. It is only then that you can get an accurate idea.
You may contact me or any lawyer over a phone call through this portal.
1. You can show that you have dependents as old age parents and mother is ill so her treatment requires money. That might help.
2. First complaint is finished.
3. Depends on many factors.
4. First point.
1. If you go for divorce then you need to prove that wife left your house without any reason if you want to reduce maintenance.
2. Yes police can take action if your wife file fresh complaint.
3. Depends on various factors.
